An official record kept within the United States, or any
state, district, or commonwealth,
or within a territory subject to the administrative or judicial jurisdiction of the United States,
or an entry therein, when admissible for any purpose, may be evidenced by an official
publication thereof or by a copy attested by the officer having the legal custody of the record,
or by the officer's deputy, and accompanied by a certificate that the officer has the custody.
The certificate may be made by a judge of a court of record of the district or political
subdivision in which the record is kept, authenticated by the seal of the court, or may be
made by any public officer having a seal of office and having official duties in the district
or political subdivision in which the record is kept, authenticated by the seal of the officer's
office. A public officer having a seal may make such certificate with respect to records in the
officer's custody.

Each of the following evidences an official record, or an entry in
it, that is otherwise
admissible and is kept within the United States, any state, district, or commonwealth, or any
territory subject to the administrative or judicial jurisdiction of the United
States:

(A) an official publication of the record; or

(B) a copy attested by the officer with legal custody of the record,
or by the officer's
deputy, and accompanied by a certificate that the officer has custody. The certificate must
be made under seal:

(i) by a judge of a court of record in the district or political
subdivision where the record
is kept; or

(ii) by any public officer with a seal of office and with official
duties in the district or
political subdivision where the record is kept.

(2) Foreign Record.

A foreign official record, or an entry therein, when
admissible for any purpose, may be
evidenced by an official publication thereof; or by a copy thereof, attested by a person
authorized to make the attestation, and accompanied by a final certification as to the
genuineness of the signature and official position (i) of the attesting person, or (ii) of any
foreign official whose certificate of genuineness of signature and official position relates to
the attestation or is in a chain of certificates of genuineness of signature and official position
relating to the attestation. A final certification may be made by a secretary of embassy or
legation, consul general, consul, vice consul, or consular agent of the United States, or a
diplomatic or consular official of the foreign country assigned or accredited to the United
States. If reasonable opportunity has been given to all parties to investigate the authenticity
and accuracy of the documents, the court may, for good cause shown, (i) admit an attested
copy without final certification or (ii) permit the foreign official record to be evidenced by
an attested summary with or without a final certification. The final certification is
unnecessary if the record and the attestation are certified as provided in a treaty or
convention to which the United States and the foreign country in which the official record
is located are parties.

(A) In General. Each of the following evidences a foreign official
record, or an entry in it,
that is otherwise admissible:

(i) an official publication of the record; or

(ii) the record, or a copy, that is attested by an authorized person
and is accompanied either
by a final certification of genuineness or by a certification under a treaty or convention to
which the United States and the country where the record is located are
parties.

(B) Final Certification of Genuineness. A final certification must
certify the genuineness
of the signature and official position of the attester or of any foreign official whose certificate
of genuineness relates to the attestation or is in a chain of certificates of genuineness relating
to the attestation. A final certification may be made by a secretary of a United States
embassy or legation; by a consul general, vice consul, or consular agent of the United States;
or by a diplomatic or consular official of the foreign country assigned or accredited to the
United States.

(C) Other Means of Proof. If all parties have had a reasonable
opportunity to investigate a
foreign record's authenticity and accuracy, the court may, for good cause,
either:

(i) admit an attested copy without final certification;
or

(ii) permit the record to be evidenced by an attested summary with
or without a final
certification.

(b) Lack of a Record.

A written statement that after diligent search no record or
entry of a specified tenor is found
to exist in the records designated by the statement, authenticated as provided in subdivision
(a)(1) of this rule in the case of a domestic record, or complying with the requirements of
subdivision (a)(2) of this rule for a summary in the case of a foreign record, is admissible as
evidence that the records contain no such record or entry.

A written statement that a diligent search of designated records
revealed no record or entry
of a specified tenor is admissible as evidence that the records contain no such record or
entry. For domestic records, the statement must be authenticated under Rule 44(a)(1). For
foreign records, the statement must comply with (a)(2)(C)(ii).

(c) Other Proof.

This rule does not prevent the proof of official records or
of entry or lack of entry therein
by any other method authorized by law.

A party may prove an official record, or an entry or lack of an
entry in it, by any other
method authorized by law.

Rule 44 is identical to Rule 44, FRCivP, except for style
changes and the addition of a
provision to subdivision (a) allowing a public officer having a seal to make a certificate with
respect to records in the public officer's own custodyderived from Fed.R.Civ.P.
44.

Rule 44 was amended, effective March 1, 1990. The amendments are
technical in nature
and no substantive change is intended.

Rule 44 was amended, effective March 1, 1994, to track the 1991
federal amendment, by
striking the reference to specific territories and adding a generic term to describe
governments having a relationship with the United States such that their official records
should be treated as domestic records; and by adding the provision that final certification is
unnecessary if the record and attestation are certified as provided in a treaty or convention
to which the United States and the foreign country in which the official record is located are
parties.

Rule 44 was amended, effective March 1, 2011, in response to the December 1, 2007,
revision of the Federal Rules of Civil Procedure. The language and organization of the rule
were changed to make the rule more easily understood and to make style and terminology
consistent throughout the rules.